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License Agreements Patents

Goodwin

AbbVie Licenses Humira® (Adalimumab) Patents to Mylan

by Goodwin on

This morning AbbVie announced that it has entered into patent license agreements with Mylan over its proposed biosimilar of Humira® (adalimumab). AbbVie states that it has agreed to “grant Mylan a non-exclusive license on...more

Mintz Levin - Global IP Matters

Willfulness Finding in EDTX Ruling in TCL v. Ericsson Illustrates the Risk to Accused Infringers of Failing to Investigate...

In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief...more

Mintz Levin - Global IP Matters

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more

Foley & Lardner LLP

An Opportunity for Clarity on Assignor Estoppel: Mentor Graphics v. EVE-USA

by Foley & Lardner LLP on

In patent litigation, assignor estoppel is a common law doctrine that can dramatically alter the rights of both parties involved – when applicable it is dispositive on the issue of patent validity. However, despite the import...more

Akin Gump Strauss Hauer & Feld LLP

Northern District of California Enforces Forum Selection Clause in License Agreement and Orders Licensee to Withdraw IPR Petitions

On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more

McDermott Will & Emery

Activity Outside Licensed “Field of Use” Not a Material Breach

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found a licensor’s termination of a license agreement ineffective, concluding that a licensee’s activity outside of a “field of use” provision was not a material breach of that...more

Shook, Hardy & Bacon L.L.P.

Loved By Many, Cloud-Based Remote DVR Programming Functionality Falls Victim As Rovi Files Second Patent Infringement Strike...

by Shook, Hardy & Bacon L.L.P. on

In another example of cloud-based technologies and services falling victim to increased patent litigation surrounding the cloud space, Rovi Guides, Inc. (a TiVo subsidiary) filed another patent campaign against its...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Goodwin

Federal Circuit Affirms Dismissal of AbbVie’s Humira License Suit

by Goodwin on

The Federal Circuit has ruled that AbbVie’s declaratory judgment action seeking to invalidate a patent licensed from MedImmune will not go forward. AbbVie licensed several patents stemming from a research collaboration that...more

Knobbe Martens

Arctic Cat Inc. v. Bombardier Recreational Products Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of §...more

Sheppard Mullin Richter & Hampton LLP

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

Tarter Krinsky & Drogin LLP

License Agreement Restrictions Can Provide A Real Advantage To Patent Holders

by Tarter Krinsky & Drogin LLP on

Generally, a patent owner's rights are exhausted after an authorized sale; the patent owner cannot sue a downstream customer who purchased an authorized patented product from a third party reseller. So how can a patent owner...more

WilmerHale

Five Things to Know About University Licensing

by WilmerHale on

Earlier this year, WilmerHale Partners Dave Gammell, Barry Hurewitz and Jeff Johnson discussed the basics of licensing and legal considerations for university licensing agreements such as unique aspects of university licenses...more

Nutter McClennen & Fish LLP

Naming Exclusive Licensee as Defendant, Exclusively, Leads to Dismissal of Declaratory Judgment Action

by Nutter McClennen & Fish LLP on

For declaratory judgment (DJ) actions concerning patents, whether a patent owner’s conduct is sufficient for there to be a real and immediate controversy is the usual jurisdictional hurdle. In BASF Plant Science, LP v. Nuseed...more

Patterson Belknap Webb & Tyler LLP

Forum Selection Clause Not Triggered Based on Statements Made in Another Forum

On May 15, 2017, District Judge Paul Oetken (S.D.N.Y.) denied the motion of Comcast Corporation, et al. (“Comcast”) for reconsideration of the Court’s prior Order dated December 14, 2016. The Court had earlier denied...more

Buchanan Ingersoll & Rooney PC

University License Agreements: Tips for Start-up Companies

Universities develop and license innovative technologies, patents and cutting edge research, and often transfer the benefit of such innovations to the public through licensing agreements with start-up companies. By licensing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bayer CropScience AG v. Dow Agrosciences LLC (Fed. Cir. 2016)

Earlier this month, in Bayer CropScience AG v. Dow Agrosciences LLC, the Federal Circuit concluded that the District Court for the Eastern District of Virginia correctly confirmed an international arbitration tribunal's award...more

McDermott Will & Emery

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

by McDermott Will & Emery on

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the...more

Winstead PC

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

by Winstead PC on

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

Perkins Coie

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

by Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

Field Law

IP Licenses & Bankruptcy Laws (Part 1)

by Field Law on

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one...more

Field Law

Licensees Beware: Assignment Provisions in a License Agreement

by Field Law on

Let’s say a company negotiates a patent license agreement with the patent owner. The agreement includes a clear prohibition against assignment – in other words, for either party to transfer their rights under the agreement,...more

K&L Gates LLP

CJEU Confirms EU Competition Law Does Not Prevent Royalties for Revoked Patent Licences

by K&L Gates LLP on

On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more

McDermott Will & Emery

EU Court Rules That Royalties for Unpatented Technology Are Not Necessarily Anticompetitive

by McDermott Will & Emery on

On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being...more

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Privacy Officer
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Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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